Bustos-Ovalle

Jose Bustos-Ovalle filed a “Petition for Judicial Review” in which the District Director of Immigration at Los Angeles is named respondent.

Ovalle alleges that: he is a native and citizen of Mexico; on May 11, 1950, a warrant of arrest was served upon him charging that he was illegally in this country; on June 7, 1950, a hearing in deportation was held before a hearing officer of the Immigration Service; on November 14, 1950, the hearing officer made his recommendations to the Commissioner of Immigration; on May 5, 1952, the Commissioner issued his decision that “an order of deportation be not entered at this time” but that the privilege of voluntary departure be granted and “if the alien applies for admission to the United States within 3 months after his authorized departure, he be admitted under the 7th proviso to section 3 of the Immigration Act of 1917 [ 8 U.S.C.A. § 136 ], * * *.”

Ovalle asserts that “there is no outstanding or existing order of deportation or warrant of deportation against the petition-«n herein. No deportation order has been entered against the petitioner. He seeks no remedy or relief against any outstanding or existing order of deportation.” One might…